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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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I live in Ottawa, I have been separated legally from my

Customer Question

I live in Ottawa,
I have been separated legally from my husband for eleven years.
We have 3 children ages 15, 13, 12 years old
11 years ago We went to family courts and to criminal court, I won my case against him in criminal court. In family courts, he gets to see his children once every 2 weeks supervised. He pays only 80 dollars in child support for the 3 children?
I've tried to apply for divorce but it's involving the children, so I'm not going in that direction anymore.
I have a boyfriend now. He is not a canadian citizen.
QUESTION :
can I apply for a common law application without getting a divorce from my husband, we are legally separated?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

You have an arrangement or contract or order already, right? I appreciate that it's 11 years old. Do you have a copy of that document or court order handy?

Customer: replied 1 year ago.
No I don't
Customer: replied 1 year ago.
You mean the separation?
We didn't sign legal papers for that but my tax papers say I'm separated
Expert:  Ulysses101 replied 1 year ago.

I know it was a long time ago, but you said that you were in family court 11 years ago. He has a supervised access order, and child support. I'm just confirming that this was made into a court order, right? Do you have that order with you?

Expert:  Ulysses101 replied 1 year ago.

I'm still here if you want to discuss your support situation.

Ulysses

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